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{
    "id": 207127,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207127/?format=api",
    "text_counter": 272,
    "type": "speech",
    "speaker_name": "Mr. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 164,
        "legal_name": "Gerald Otieno Kajwang",
        "slug": "otieno-kajwang"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, we have no intentions of challenging the authority of the Chair, but because we must address it, I must address you. I want to address you this way: After so many years of suffering in the hands of a receiver on the suspicion of an individual and you have committed suicide, your son will now go to court and say: \"Please, pay me, at least, the expenses that my father underwent just to defend himself before he died.\" The courts will tell him: \"No, we cannot pay you. The law says that the Commission can appoint a receiver on suspicion, destroy your father and lead him to hang himself and will not pay you.\" That is the law that these professors want to bring here. I am talking about the Commission because it is headed by three or four directors who are thoroughly learned in Law. We looked at their curriculum vitaes and made recommendations to the House, as a Committee of the House. They are thoroughly learned in Law. You cannot appoint a receiver to anybody's property - suspicion or no suspicion - without laying a foundation for it in court and persuading it that there is justification for your action, so that the court takes responsibility; that, in fact, we looked at your affidavit and evidence and found sufficient suspicion or reasons to--- How can you just suspect? What is the definition of suspicion? Mr. Temporary Deputy Speaker, Sir, the Commission has bigger things to do in this country to help us instead of bringing some of these amendments which show that they are frustrated and competing with the Attorney-General over their powers. That is the problem. When we first thought of creating this Commission, some people wanted to make it a constitutional office to take over the powers of the Attorney-General. I was standing on the other side of Government at that time. I told the ladies and gentlemen that we cannot create another Attorney-General. We cannot have two parallel competing Attorney-Generals in a civilised country. That is not anywhere in the world and Kenya was not going to be an experiment. We limited the Commission, and still gave the Attorney-General the powers of prosecution. But with these crawling amendments and encroachments, the Commission still wants to become the Attorney-General of this country. We refuse!"
}